Hi
I am having problem to get the approval of my H1B extension.I am a Phyical therapist and I came to USA with H1B status. Even my GC was filed in 2004 and my I140 has been approved last year. My attorney made a mistake and they did not file for my EAD and AP when My 485 was filed. They told me since I have H1B, EAD is not necessary. After my I140 was approved, I was hoping that 485 would be approved soon since Schedule A was current till Nov 2006. But I did not hear anything from USCIS. Therefore I have decided to file for EAD. After EAD and AP were filed, I did not receive any approval. So I made an appionment with INFOPASS and there I was told USCIS will not approve my EAD because my background check is not yet completed.
Even My H1 expired July2006 and application to request for H1b extension was filed before my h1 expires under normal processing. Again I did not hear anything from USCIS until Dec2006. Therefore I have applied for premium processing. When My attorney called USCIS yesterday to check the status, she was told that they were unable to do premium processing because of pending security check.
I really don't know what to do now.I can only work upto March 2007 because the grace period ends. i am even thinking of filing lawsuit against USCIS. any one of you had similar situation.Does H1 extension require security check clearance. Please give me your suggestion I would greatly appreciate
I am having problem to get the approval of my H1B extension.I am a Phyical therapist and I came to USA with H1B status. Even my GC was filed in 2004 and my I140 has been approved last year. My attorney made a mistake and they did not file for my EAD and AP when My 485 was filed. They told me since I have H1B, EAD is not necessary. After my I140 was approved, I was hoping that 485 would be approved soon since Schedule A was current till Nov 2006. But I did not hear anything from USCIS. Therefore I have decided to file for EAD. After EAD and AP were filed, I did not receive any approval. So I made an appionment with INFOPASS and there I was told USCIS will not approve my EAD because my background check is not yet completed.
Even My H1 expired July2006 and application to request for H1b extension was filed before my h1 expires under normal processing. Again I did not hear anything from USCIS until Dec2006. Therefore I have applied for premium processing. When My attorney called USCIS yesterday to check the status, she was told that they were unable to do premium processing because of pending security check.
I really don't know what to do now.I can only work upto March 2007 because the grace period ends. i am even thinking of filing lawsuit against USCIS. any one of you had similar situation.Does H1 extension require security check clearance. Please give me your suggestion I would greatly appreciate